[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2664 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2664

 To direct the Secretary of Commerce to establish a voluntary program 
 under which manufacturers may have products certified as meeting the 
standards of labels that indicate to consumers the extent to which the 
            products are manufactured in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2013

 Mr. Carney (for himself and Mr. Fitzpatrick) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Commerce to establish a voluntary program 
 under which manufacturers may have products certified as meeting the 
standards of labels that indicate to consumers the extent to which the 
            products are manufactured in the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Made in America Act of 2013''.

SEC. 2. AMERICA STAR PROGRAM.

    (a) In General.--The Secretary shall establish a voluntary program, 
to be known as the ``America Star Program'', under which manufacturers 
may have products certified as meeting the standards of labels that 
indicate to consumers the extent to which the products are manufactured 
in the United States.
    (b) Establishment of Labels.--
            (1) In general.--The Secretary shall by rule establish such 
        America Star labels as the Secretary considers appropriate, 
        including the content of the labels and the standards that a 
        product shall meet in order to bear a particular America Star 
        label. The labels shall be consistent with public perceptions 
        of the meaning of descriptions of the extent to which a product 
        is manufactured in the United States.
            (2) Goals.--The America Star labels shall be designed to 
        achieve the following goals:
                    (A) Providing clarity for consumers about the 
                extent to which products are manufactured in the United 
                States.
                    (B) Encouraging manufacturers to manufacture more 
                products in the United States.
                    (C) Highlighting the importance of domestic 
                manufacturing for the economy of the United States.
    (c) Certification of Products.--
            (1) Application procedures.--A manufacturer that wishes to 
        have a product certified as meeting the standards of an America 
        Star label may apply to the Secretary for certification in 
        accordance with such procedures as the Secretary shall by rule 
        establish.
            (2) Action by secretary.--After receiving an application 
        for certification under paragraph (1), the Secretary shall, not 
        later than a reasonable time to be specified by the Secretary 
        by rule--
                    (A) determine whether the product meets the 
                standards of the label;
                    (B) if the product meets such standards, certify 
                the product; and
                    (C) notify the manufacturer of the determination 
                and whether the product has been certified.
    (d) Monitoring; Withdrawal of Certification.--
            (1) Monitoring.--The Secretary shall conduct such 
        monitoring and compliance review as the Secretary considers 
        necessary to--
                    (A) detect violations of subsection (h); and
                    (B) ensure that products certified as meeting the 
                standards of America Star labels continue to meet such 
                standards.
            (2) Withdrawal of certification.--
                    (A) On initiative of secretary.--If the Secretary 
                determines that a product certified as meeting the 
                standards of an America Star label no longer meets such 
                standards, the Secretary shall--
                            (i) notify the manufacturer of the 
                        determination and any corrective action that 
                        would enable the product to meet such 
                        standards; and
                            (ii) if the manufacturer does not take such 
                        action within a reasonable time after receiving 
                        notification under clause (i), to be specified 
                        by the Secretary by rule, the Secretary shall 
                        withdraw the certification of the product and 
                        notify the manufacturer of the withdrawal.
                    (B) At request of manufacturer.--At the request of 
                the manufacturer of a product, the Secretary shall 
                withdraw the certification of the product and notify 
                the manufacturer of the withdrawal.
    (e) Regulations.--
            (1) In general.--The Secretary may promulgate such 
        regulations as are necessary to implement this section.
            (2) Deadline.--Not later than 2 years after the date of the 
        enactment of this Act, the Secretary shall promulgate such 
        regulations as are necessary to begin certifying products under 
        the America Star Program.
    (f) Administration by Contract.--The Secretary may enter into a 
contract with a person under which such person carries out 
certification determinations under subsection (c), monitoring 
activities and withdrawal determinations under subsection (d), 
collection of fees under subsection (k)(1) and the remission of such 
fees to the Secretary (but not the establishment of the amounts of such 
fees), and related administrative activities. For purposes of 
subsections (h) and (j), such a determination, activity, or collection 
by such person shall be considered to be an action of the Secretary.
    (g) Consultation.--
            (1) With federal trade commission.--In establishing the 
        America Star labels and operating the America Star Program, the 
        Secretary shall consult with the Federal Trade Commission to 
        ensure consistency with the requirements enforced by the 
        Commission with respect to representations of the extent to 
        which products are manufactured in the United States.
            (2) With private-sector companies.--In establishing the 
        America Star labels and operating the America Star Program, the 
        Secretary should consult with private-sector companies that 
        have developed labeling programs to verify or certify to 
        consumers the extent to which products are manufactured in the 
        United States.
    (h) Prohibited Conduct.--Unless there is in effect a certification 
by the Secretary that a product meets the standards of an America Star 
label, a person may not place such label on such product, use such 
label in any marketing materials for such product, or in any other way 
represent that such product meets or is certified as meeting the 
standards of such label.
    (i) Enforcement.--
            (1) Civil penalty.--Any person who knowingly violates 
        subsection (h) shall be subject to a civil penalty of not more 
        than $10,000.
            (2) Ineligibility.--
                    (A) In general.--Except as provided in subparagraph 
                (C), if the Secretary determines that a manufacturer--
                            (i) has made a false statement to the 
                        Secretary in connection with the America Star 
                        Program;
                            (ii) knowing, or having reason to know, 
                        that a product does not meet the standards of 
                        an America Star label, has placed such label on 
                        such product, has used such label in any 
                        marketing materials for such product, or in any 
                        other way has represented that such product 
                        meets or is certified as meeting the standards 
                        of such label; or
                            (iii) has otherwise violated the purposes 
                        of the America Star Program;
                the Secretary may not, for a period of 5 years after 
                the conduct described in clause (i), (ii), or (iii), 
                certify the product to which such conduct relates as 
                meeting the standards of an America Star label.
                    (B) Effect on existing certification.--In the case 
                of a product with respect to which, at the time of the 
                determination of the Secretary under subparagraph (A), 
                there is in effect a certification by the Secretary 
                that the product meets the standards of an America Star 
                label--
                            (i) if the product continues to meet such 
                        standards, the Secretary may either withdraw 
                        the certification or allow the certification to 
                        continue in effect, as the Secretary considers 
                        appropriate; and
                            (ii) if the product no longer meets such 
                        standards, the Secretary shall withdraw the 
                        certification.
                    (C) Waiver.--Notwithstanding subparagraph (A), the 
                Secretary may waive or reduce the period referred to in 
                such subparagraph if the Secretary determines that the 
                waiver or reduction is in the best interests of the 
                America Star Program.
            (3) False statements.--A false statement in connection with 
        the America Star Program to a person with whom the Secretary 
        contracts under subsection (f) shall be considered a false 
        statement to the Secretary for purposes of paragraph (2)(A)(i) 
        and section 1001 of title 18, United States Code.
    (j) Administrative Appeal.--
            (1) Expedited appeals procedure.--The Secretary shall 
        establish an expedited administrative appeals procedure under 
        which persons may appeal an action of the Secretary under this 
        section that--
                    (A) adversely affects such person; or
                    (B) is inconsistent with the America Star Program.
            (2) Appeal of final decision.--A final decision of the 
        Secretary under paragraph (1) may be appealed to the United 
        States district court for the district in which the person is 
        located.
    (k) Offsetting Collections.--
            (1) In general.--The Secretary may collect reasonable fees 
        from--
                    (A) manufacturers that apply for certification of 
                products as meeting the standards of America Star 
                labels; and
                    (B) manufacturers of products for which such 
                certifications are in effect.
            (2) Account.--The fees collected under paragraph (1) shall 
        be credited to the account that incurs the cost of the 
        certification services provided under this section.
            (3) Use.--The fees collected under paragraph (1) shall be 
        available to the Secretary, without further appropriation or 
        fiscal-year limitation, to pay the expenses of the Secretary 
        incurred in providing certification services under this 
        section.
    (l) Definitions.--In this section:
            (1) America star label.--The term ``America Star label'' 
        means a label described in subsection (a) and established by 
        the Secretary under subsection (b)(1).
            (2) America star program.--The term ``America Star 
        Program'' means the voluntary labeling program established 
        under this section.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
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